Q16.Resorting to ordinances has always raised concern about the violation of the spirit of separation of power doctrine. While noting the rationales justifying the power to promulgate, analyse whether the decision of the Supreme Court on the issue has further facilitated resorting to this power. Should the power to promulgate the ordinances be repealed?

Ordinance power (Art. 123/213) enables executive legislation during legislative recess for exigencies, but often raises concerns about violating separation of powers.

Rationales for Ordinance Power

• Necessity for emergencies and unforeseen situations.
• Filling legislative vacuum when Parliament/State Legislature is not in session.
• Meeting urgent policy needs that cannot await legislative approval.

Ordinances and Separation of Powers

Executive encroachment on the legislative domain undermines parliamentary supremacy and the spirit of separation of powers.

Supreme Court's Impact

Judgments like D.C. Wadhwa (1987) allowed judicial review. However, re-promulgation continued. Krishna Kumar Singh (2017) declared re-promulgation without legislative consideration unconstitutional, calling it a "fraud on the Constitution," thereby significantly restricting executive misuse.

Should Ordinance Power be Repealed?

Arguments against repeal cite emergency necessity; arguments for highlight potential abuse and bypassing democratic scrutiny. A balanced approach emphasizes strict constitutional adherence.

Balancing executive necessity with legislative supremacy requires strict adherence to constitutional limits on ordinance power.